The Supreme Court ruled on Wednesday that a divorced Muslim woman is entitled to maintenance from her former husband under Section 125 of the Code of Criminal Procedure.
In Short
- Bench rules Muslim Women Act 1986 won’t prevail over secular law
- Ruling pertains to case wherein man filed plea against paying monthly maintenance to ex-wife
- Justices BV Nagarathna, Augustine George Masih dismiss petition.
The Supreme Court ruled on Wednesday that a Muslim woman is entitled to maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPc). The bench, which included Justices BV Nagarathna and Augustine George Masih, dismissed a petition in which the man challenged the order to pay interim maintenance to his divorced wife under Section 125 CrPC.
The decision also decided that if the lady divorces while the case is pending, she can file under the 2019 Act. The 2019 Act adds to the remedy available under Section 125 CrPc.
The bench ruled that the Muslim Women (Protection of Rights on Divorce) Act 1986 would not take precedence over secular law.
“We are dismissing the criminal appeal with the conclusion that Section 125 CrPC would be applicable to all women and not just married women,” Justice Nagarathna stated.
The top court clarified that the law for seeking maintenance would be valid for all women and not just married women.
In a landmark judgment in the Shah Bano case in 1985, the Supreme Court held that Section 125 CrPC is a secular provision applicable to Muslim women too. This was, however, nullified by the Muslim Women (Protection of Rights on Divorce) Act, 1986 and the validity of the law was upheld in 2001.
During today’s hearing, the bench said that an Indian married man must become conscious of the fact that he has to be available towards his wife, who is not financially independent. It also said that an Indian man who makes such efforts on his own must be acknowledged.
The case pertains to a petition by a man, who had challenged the Telangana High Court’s direction to pay Rs 10,000 interim maintenance to his former wife.
Initially, a Family Court directed the man to pay his former wife a monthly interim maintenance of Rs 20,000. This was challenged before the Telangana High Court on grounds that the couple divorced as per Muslim personal law in 2017. The High Court modified the maintenance to Rs 10,000 per month and directed the family court to dispose of the case within six months.
The respondent, the man’s former wife, raised grievances before the Supreme Court over the filing of claims under Section 125 of the CrPC.
The lawyer, representing the Muslim man in the case, submitted that as per the Muslim Women Act 1986, a divorced woman is not entitled to claim benefit under Section 125 CrPC. It was further submitted that the 1986 Act is more beneficial to Muslim women.
Justices Nagarathna and Masih in seperate but concurrent judgments upheld the Muslim woman’s right to claim maintenance from her former husband, and dismissed the man’s case.
This article was originally published on India Today.
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